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1 | | AN ACT concerning education.
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2 | | Be it enacted by the People of the State of Illinois,
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3 | | represented in the General Assembly:
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4 | | Section 5. The State Finance Act is amended by adding |
5 | | Section 5.990 as follows:
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6 | | (30 ILCS 105/5.990 new) |
7 | | Sec. 5.990. The Illinois Bullying and Cyberbullying |
8 | | Prevention Fund.
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9 | | Section 10. The School Code is amended by changing Section |
10 | | 27-23.7 as follows:
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11 | | (105 ILCS 5/27-23.7) |
12 | | Sec. 27-23.7. Bullying prevention. |
13 | | (a) The General Assembly finds that a safe and civil |
14 | | school environment is necessary for students to learn and |
15 | | achieve and that bullying causes physical, psychological, and |
16 | | emotional harm to students and interferes with students' |
17 | | ability to learn and participate in school activities. The |
18 | | General Assembly further finds that bullying has been linked |
19 | | to other forms of antisocial behavior, such as vandalism, |
20 | | shoplifting, skipping and dropping out of school, fighting, |
21 | | using drugs and alcohol, sexual harassment, and sexual |
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1 | | violence. Because of the negative outcomes associated with |
2 | | bullying in schools, the General Assembly finds that school |
3 | | districts, charter schools, and non-public, non-sectarian |
4 | | elementary and secondary schools should educate students, |
5 | | parents, and school district, charter school, or non-public, |
6 | | non-sectarian elementary or secondary school personnel about |
7 | | what behaviors constitute prohibited bullying. |
8 | | Bullying on the basis of actual or perceived race, color, |
9 | | religion, sex, national origin, ancestry, physical appearance, |
10 | | socioeconomic status, academic status, pregnancy, parenting |
11 | | status, homelessness, age, marital status, physical or mental |
12 | | disability, military status, sexual orientation, |
13 | | gender-related identity or expression, unfavorable discharge |
14 | | from military service, association with a person or group with |
15 | | one or more of the aforementioned actual or perceived |
16 | | characteristics, or any other distinguishing characteristic is |
17 | | prohibited in all school districts, charter schools, and |
18 | | non-public, non-sectarian elementary and secondary schools.
No |
19 | | student shall be subjected to bullying: |
20 | | (1) during any school-sponsored education program or |
21 | | activity; |
22 | | (2) while in school, on school property, on school |
23 | | buses or other school vehicles, at designated school bus |
24 | | stops waiting for the school bus, or at school-sponsored |
25 | | or school-sanctioned events or activities; |
26 | | (3) through the transmission of information from a |
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1 | | school computer, a school computer network, or other |
2 | | similar electronic school equipment; or |
3 | | (4) through the transmission of information from a |
4 | | computer that is accessed at a nonschool-related location, |
5 | | activity, function, or program or from the use of |
6 | | technology or an electronic device that is not owned, |
7 | | leased, or used by a school district or school if the |
8 | | bullying causes a substantial disruption to the |
9 | | educational process or orderly operation of a school. This |
10 | | item (4) applies only in cases in which a school |
11 | | administrator or teacher receives a report that bullying |
12 | | through this means has occurred and does not require a |
13 | | district or school to staff or monitor any |
14 | | nonschool-related activity, function, or program. |
15 | | (a-5) Nothing in this Section is intended to infringe upon |
16 | | any right to exercise free expression or the free exercise of |
17 | | religion or religiously based views protected under the First |
18 | | Amendment to the United States Constitution or under Section 3 |
19 | | of Article I of the Illinois Constitution. |
20 | | (b) In this Section:
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21 | | "Bullying" includes "cyber-bullying" and means any severe |
22 | | or pervasive physical or verbal act or conduct, including |
23 | | communications made in writing or electronically, directed |
24 | | toward a student or students that has or can be reasonably |
25 | | predicted to have the effect of one or more of the following: |
26 | | (1) placing the student or students in reasonable fear |
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1 | | of harm to the student's or students' person or property; |
2 | | (2) causing a substantially detrimental effect on the |
3 | | student's or students' physical or mental health; |
4 | | (3) substantially interfering with the student's or |
5 | | students' academic performance; or |
6 | | (4) substantially interfering with the student's or |
7 | | students' ability to participate in or benefit from the |
8 | | services, activities, or privileges provided by a school. |
9 | | Bullying, as defined in this subsection (b), may take |
10 | | various forms, including without limitation one or more of the |
11 | | following: harassment, threats, intimidation, stalking, |
12 | | physical violence, sexual harassment, sexual violence, theft, |
13 | | public humiliation, destruction of property, or retaliation |
14 | | for asserting or alleging an act of bullying. This list is |
15 | | meant to be illustrative and non-exhaustive. |
16 | | "Cyber-bullying" means bullying through the use of |
17 | | technology or any electronic communication, including without |
18 | | limitation any transfer of signs, signals, writing, images, |
19 | | sounds, data, or intelligence of any nature transmitted in |
20 | | whole or in part by a wire, radio, electromagnetic system, |
21 | | photoelectronic system, or photooptical system, including |
22 | | without limitation electronic mail, Internet communications, |
23 | | instant messages, or facsimile communications. |
24 | | "Cyber-bullying" includes the creation of a webpage or weblog |
25 | | in which the creator assumes the identity of another person or |
26 | | the knowing impersonation of another person as the author of |
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1 | | posted content or messages if the creation or impersonation |
2 | | creates any of the effects enumerated in the definition of |
3 | | bullying in this Section. "Cyber-bullying" also includes the |
4 | | distribution by electronic means of a communication to more |
5 | | than one person or the posting of material on an electronic |
6 | | medium that may be accessed by one or more persons if the |
7 | | distribution or posting creates any of the effects enumerated |
8 | | in the definition of bullying in this Section. |
9 | | "Policy on bullying" means a bullying prevention policy |
10 | | that meets the following criteria: |
11 | | (1) Includes the bullying definition provided in this |
12 | | Section. |
13 | | (2) Includes a statement that bullying is contrary to |
14 | | State law and the policy of the school district, charter |
15 | | school, or non-public, non-sectarian elementary or |
16 | | secondary school and is consistent with subsection (a-5) |
17 | | of this Section. |
18 | | (3) Includes procedures for promptly reporting |
19 | | bullying, including, but not limited to, identifying and |
20 | | providing the school e-mail address (if applicable) and |
21 | | school telephone number for the staff person or persons |
22 | | responsible for receiving such reports and a procedure for |
23 | | anonymous reporting; however, this shall not be construed |
24 | | to permit formal disciplinary action solely on the basis |
25 | | of an anonymous report. |
26 | | (4) Consistent with federal and State laws and rules |
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1 | | governing student privacy rights, includes procedures for |
2 | | promptly informing parents or guardians of all students |
3 | | involved in the alleged incident of bullying within 24 |
4 | | hours after the school's administration is made aware of |
5 | | the students' involvement in the incident and discussing, |
6 | | as appropriate, the availability of social work services, |
7 | | counseling, school psychological services, other |
8 | | interventions, and restorative measures. The school shall |
9 | | make diligent efforts to notify a parent or legal |
10 | | guardian, utilizing all contact information the school has |
11 | | available or that can be reasonably obtained by the school |
12 | | within the 24-hour period. |
13 | | (5) Contains procedures for promptly investigating and |
14 | | addressing reports of bullying, including the following: |
15 | | (A) Making all reasonable efforts to complete the |
16 | | investigation within 10 school days after the date the |
17 | | report of the incident of bullying was received and |
18 | | taking into consideration additional relevant |
19 | | information received during the course of the |
20 | | investigation about the reported incident of bullying. |
21 | | (B) Involving appropriate school support personnel |
22 | | and other staff persons with knowledge, experience, |
23 | | and training on bullying prevention, as deemed |
24 | | appropriate, in the investigation process. |
25 | | (C) Notifying the principal or school |
26 | | administrator or his or her designee of the report of |
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1 | | the incident of bullying as soon as possible after the |
2 | | report is received. |
3 | | (D) Consistent with federal and State laws and |
4 | | rules governing student privacy rights, providing |
5 | | parents and guardians of the students who are parties |
6 | | to the investigation information about the |
7 | | investigation and an opportunity to meet with the |
8 | | principal or school administrator or his or her |
9 | | designee to discuss the investigation, the findings of |
10 | | the investigation, and the actions taken to address |
11 | | the reported incident of bullying. |
12 | | (6) Includes the interventions that can be taken to |
13 | | address bullying, which may include, but are not limited |
14 | | to, school social work services, restorative measures, |
15 | | social-emotional skill building, counseling, school |
16 | | psychological services, and community-based services. |
17 | | (7) Includes a statement prohibiting reprisal or |
18 | | retaliation against any person who reports an act of |
19 | | bullying and the consequences and appropriate remedial |
20 | | actions for a person who engages in reprisal or |
21 | | retaliation. |
22 | | (8) Includes consequences and appropriate remedial |
23 | | actions for a person found to have falsely accused another |
24 | | of bullying as a means of retaliation or as a means of |
25 | | bullying. |
26 | | (9) Is based on the engagement of a range of school |
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1 | | stakeholders, including students and parents or guardians. |
2 | | (10) Is posted on the school district's, charter
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3 | | school's, or non-public, non-sectarian elementary or
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4 | | secondary school's existing , publicly accessible Internet |
5 | | website, is
included in the student handbook, and, where |
6 | | applicable,
posted where other policies, rules, and |
7 | | standards of
conduct are currently posted in the school |
8 | | and provided periodically throughout the school year to |
9 | | students and faculty, and is
distributed annually to |
10 | | parents, guardians, students, and
school personnel, |
11 | | including new employees when hired. |
12 | | (11) As part of the process of reviewing and |
13 | | re-evaluating the policy under subsection (d) of this |
14 | | Section, contains a policy evaluation process to assess |
15 | | the outcomes and effectiveness of the policy that |
16 | | includes, but is not limited to, factors such as the |
17 | | frequency of victimization; student, staff, and family |
18 | | observations of safety at a school; identification of |
19 | | areas of a school where bullying occurs; the types of |
20 | | bullying utilized; and bystander intervention or |
21 | | participation. The school district, charter school, or |
22 | | non-public, non-sectarian elementary or secondary school |
23 | | may use relevant data and information it already collects |
24 | | for other purposes in the policy evaluation. The |
25 | | information developed as a result of the policy evaluation |
26 | | must be made available on the Internet website of the |
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1 | | school district, charter school, or non-public, |
2 | | non-sectarian elementary or secondary school. If an |
3 | | Internet website is not available, the information must be |
4 | | provided to school administrators, school board members, |
5 | | school personnel, parents, guardians, and students. |
6 | | (12) Is consistent with the policies of the school |
7 | | board, charter school, or non-public, non-sectarian |
8 | | elementary or secondary school. |
9 | | (13) Requires all individual instances of bullying, as |
10 | | well as all threats, suggestions, or instances of |
11 | | self-harm determined to be the result of bullying, to be |
12 | | reported to the parents or legal guardians of those |
13 | | involved under the guidelines provided in paragraph (4) of |
14 | | this definition. |
15 | | "Restorative measures" means a continuum of school-based |
16 | | alternatives to exclusionary discipline, such as suspensions |
17 | | and expulsions, that: (i) are adapted to the particular needs |
18 | | of the school and community, (ii) contribute to maintaining |
19 | | school safety, (iii) protect the integrity of a positive and |
20 | | productive learning climate, (iv) teach students the personal |
21 | | and interpersonal skills they will need to be successful in |
22 | | school and society, (v) serve to build and restore |
23 | | relationships among students, families, schools, and |
24 | | communities, (vi) reduce the likelihood of future disruption |
25 | | by balancing accountability with an understanding of students' |
26 | | behavioral health needs in order to keep students in school, |
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1 | | and (vii) increase student accountability if the incident of |
2 | | bullying is based on religion, race, ethnicity, or any other |
3 | | category that is identified in the Illinois Human Rights Act. |
4 | | "School personnel" means persons employed by, on contract |
5 | | with, or who volunteer in a school district, charter school, |
6 | | or non-public, non-sectarian elementary or secondary school, |
7 | | including without limitation school and school district |
8 | | administrators, teachers, school social workers, school |
9 | | counselors, school psychologists, school nurses, cafeteria |
10 | | workers, custodians, bus drivers, school resource officers, |
11 | | and security guards. |
12 | | (c) (Blank).
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13 | | (d) Each school district, charter school, and non-public, |
14 | | non-sectarian elementary or secondary school shall create, |
15 | | maintain, and implement a policy on bullying, which policy |
16 | | must be filed with the State Board of Education. The policy on |
17 | | bullying shall be based on the State Board of Education's |
18 | | template for a model bullying prevention policy under |
19 | | subsection (h) and shall include the criteria set forth in the |
20 | | definition of "policy on bullying". The policy or implementing |
21 | | procedure shall include a process to investigate whether a |
22 | | reported act of bullying is within the permissible scope of |
23 | | the district's or school's jurisdiction and shall require that |
24 | | the district or school provide the victim with information |
25 | | regarding services that are available within the district and |
26 | | community, such as counseling, support services, and other |
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1 | | programs. School personnel available for help with a bully or |
2 | | to make a report about bullying shall be made known to parents |
3 | | or legal guardians, students, and school personnel. Every 2 |
4 | | years, each school district, charter school, and non-public, |
5 | | non-sectarian elementary or secondary school shall conduct a |
6 | | review and re-evaluation of its policy and make any necessary |
7 | | and appropriate revisions. No later than September 30 of the |
8 | | subject year, the policy must be filed with the State Board of |
9 | | Education after being updated. The State Board of Education |
10 | | shall monitor and provide technical support for the |
11 | | implementation of policies created under this subsection (d). |
12 | | In monitoring the implementation of the policies, the State |
13 | | Board of Education shall review each filed policy on bullying |
14 | | to ensure all policies meet the requirements set forth in this |
15 | | Section, including ensuring that each policy meets the 12 |
16 | | criterion identified within the definition of "policy on |
17 | | bullying" set forth in this Section. |
18 | | If a school district, charter school, or non-public, |
19 | | non-sectarian elementary or secondary school fails to file a |
20 | | policy on bullying by September 30 of the subject year, the |
21 | | State Board of Education shall provide a written request for |
22 | | filing to the school district, charter school, or non-public, |
23 | | non-sectarian elementary or secondary school. If a school |
24 | | district, charter school, or non-public, non-sectarian |
25 | | elementary or secondary school fails to file a policy on |
26 | | bullying within 14 days of receipt of the aforementioned |
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1 | | written request, the State Board of Education shall publish |
2 | | notice of the non-compliance on the State Board of Education's |
3 | | website. |
4 | | Each school district, charter school, and non-public, |
5 | | non-sectarian elementary or secondary school may provide |
6 | | evidence-based professional development and youth programming |
7 | | on bullying prevention that is consistent with the provisions |
8 | | of this Section. |
9 | | (e) This Section shall not be interpreted to prevent a |
10 | | victim from seeking redress under any other available civil or |
11 | | criminal law.
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12 | | (f) School districts, charter schools, and non-public, |
13 | | non-sectarian elementary and secondary schools shall collect, |
14 | | maintain, and submit to the State Board of Education |
15 | | non-identifiable data regarding verified allegations of |
16 | | bullying within the school district, charter school, or |
17 | | non-public, non-sectarian elementary or secondary school. |
18 | | School districts, charter schools, and non-public, |
19 | | non-sectarian elementary and secondary schools must submit |
20 | | such data in an annual report due to the State Board of |
21 | | Education no later than August 15 of each year starting with |
22 | | the 2024-2025 school year through the 2030-2031 school year. |
23 | | The State Board of Education shall adopt rules for the |
24 | | submission of data that includes, but is not limited to: (i) a |
25 | | record of each verified allegation of bullying and action |
26 | | taken; and (ii) whether the instance of bullying was based on |
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1 | | actual or perceived characteristics identified in subsection |
2 | | (a) and, if so, lists the relevant characteristics. The rules |
3 | | for the submission of data shall be consistent with federal |
4 | | and State laws and rules governing student privacy rights, |
5 | | including, but not limited to, the federal Family Educational |
6 | | Rights and Privacy Act of 1974 and the Illinois School Student |
7 | | Records Act, which shall include, without limitation, a record |
8 | | of each complaint and action taken. The State Board of |
9 | | Education shall adopt rules regarding the notification of |
10 | | school districts, charter schools, and non-public, |
11 | | non-sectarian elementary and secondary schools that fail to |
12 | | comply with the requirements of this subsection. |
13 | | (g) Upon the request of a parent or legal guardian of a |
14 | | child enrolled in a school district, charter school, or |
15 | | non-public, non-sectarian elementary or secondary school |
16 | | within this State, the State Board of Education must provide |
17 | | non-identifiable data on the number of bullying allegations |
18 | | and incidents in a given year in the school district, charter |
19 | | school, or non-public, non-sectarian elementary or secondary |
20 | | school to the requesting parent or legal guardian. The State |
21 | | Board of Education shall adopt rules regarding (i) the |
22 | | handling of such data, (ii) maintaining the privacy of the |
23 | | students and families involved, and (iii) best practices for |
24 | | sharing numerical data with parents and legal guardians. |
25 | | (h) By January 1, 2024, the State Board of Education shall |
26 | | post on its Internet website a template for a model bullying |
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1 | | prevention policy. |
2 | | (i) The Illinois Bullying and Cyberbullying Prevention |
3 | | Fund is created as a special fund in the State treasury. Any |
4 | | moneys appropriated to the Fund may be used, subject to |
5 | | appropriation, by the State Board of Education for the |
6 | | purposes of subsection (j). |
7 | | (j) Subject to appropriation, the State Superintendent of |
8 | | Education may provide a grant to a school district, charter |
9 | | school, or non-public, non-sectarian elementary or secondary |
10 | | school to support its anti-bullying programming. Grants may be |
11 | | awarded from the Illinois Bullying and Cyberbullying |
12 | | Prevention Fund. School districts, charter schools, and |
13 | | non-public, non-sectarian elementary or secondary schools that |
14 | | are not in compliance with subsection (f) are not eligible to |
15 | | receive a grant from the Illinois Bullying and Cyberbullying |
16 | | Prevention Fund. |
17 | | (Source: P.A. 102-197, eff. 7-30-21; 102-241, eff. 8-3-21; |
18 | | 102-813, eff. 5-13-22; 102-894, eff. 5-20-22.)
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